Opinion

Commonwealth v. Brown

  • 449 Pa. Super. 346
  • 673 A.2d 975
  • 1996 Pa. Super. LEXIS 783
Court
Superior Court of Pennsylvania
Filed
Mar 29, 1996
Status
Published
Author
Wieand
On the bench
Wieand, Tamilia, Montemuro
Cited by
22 cases

holding that the trial court erred by admitting impeachment evidence of a witness’ prior theft arrest, but that the error was harmless

How later courts described this case

  • holding that the trial court erred by admitting impeachment evidence of a witness’ prior theft arrest, but that the error was harmless
  • recognizing that “numerous cases” have held that admission into an ARD program is not a conviction that may be used for impeachment
  • recognizing that when dealing with statutory mandate, such as section 3731(e)(2), acceptance of ARD is considered a conviction

Written by the judges who cited it.

The opinion

WIEAND, Judge,

concurring and dissenting.

I agree with the majority that the trial court erred by allowing appellant to be impeached with his prior admission into an Accelerated Rehabilitative Program (ARD) following *359 an arrest for theft. However, I cannot agree that this error was harmless beyond a reasonable doubt. Accordingly, I would reverse the judgment of sentence and remand for a new trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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